04-18-1994 Planning Packet - Laserfiche WebLink

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Request for Cinincil Action cominued page 2 of 3 March 21, 1994 Joint I'ie Dock License - Miiuietonka Power Squ^ren 3. A review of the code and discussions with the City Attorney yield the conefusion that the Power Squadron is required to obtain a Conditional I’se Permit. Section 5.42, Suhd. 5(B) requires that “any joint use in the RS Awning District by a not-for-profit organization or assocution provKling transient boat slips for stake holders of a property used for dav use recreation or overnight caunping purposes shall he allowed only in conjunction with a valid conditional use permit. . This language was ;iddcd in 1993. Review of RS District, Section 10.31, Suhd. 3(0 “Day Use Recreation Area.s", copy attached, suggests that this is the appropriate fit for the Power Squadron ’s conditional use permit The other possibility, "Overnight Camps", Section 10.31, Subd. 3(D), is clearly intended for organized long-term overnight camps such as the Vets Camp or a scout camp situation. The Day Use Recreation /krea category docs allow "overmght camping , . . only on an occasioml and incidental basis". This appears to be the degree of overnight use historically occurring at the Power Squadron property. The pcrfonnancc standards for this conditional use were likely drafted with the Power Squadron in mind. It was the City’s intent, as nt>ted in the letters referetKed below, to issue ClJP’s to existing users, acknowledging their rights to continue in operation. Additional research discovered the attached May 25, 1983 letter from former City Planner Alan Olson to the Power Squadron regarding their CUP (to be granted at no charge for existing uses), tlwir Juiw 17, 1983 response, and a June 21, 1983 confirmation by Olson that he would "begin drafting the actual conditional use pennit for this property based on your information. As soon as I am able to have this done, I will be sending you a draft for the Power Squadron ’s review and agreement prior to the time that 1 ask the City Council to approve it for recording." These three diKuments comprise the entirety of Zoning File #792, leading me to conclude that before he left the City in October 1983, Olson did not draft such a CUP resolution and this application has iwvcr been followed up. According to additional information in the RS ordinance file, the CUP’S were to be reviewed bv Plannini! Commission and Council under the normal prcKedure. I also reviewed the RS District "nonconforming" use section to determine its applicability to the Power Squadron. It requires that "all existing uses of land or structures which may be made nonconforming by adoption of this section shall be discontinued and or made to be in full compliance w ith all use and peiibmiance standard requirements of this section w ithin a period of seven (7) years from the dale of adoption, not to extend later than January 1, 1990". Note that the Power Squadron ’s use is "nonconforming", because it is an allowed use via a conditional use pennit. The only "nonconformity ” is the lack of a valid conditional use pennit, which the Power Squadron applied for in 1